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H.W.R. Fashions, Inc. v. Gasoline Installers

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 901 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Supreme Court, Kings County (Vaccaro, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

There is no dispute that the plaintiff was not responsible for causing the leak that damaged its property. Although a question of fact exists as to whether the plaintiff could have prevented the damage to its property, that question should be considered with regard to the issue of mitigation of damages (see, e.g., Spier v. Barker, 35 N.Y.2d 444, 451; see also, Bellier v. Bazan, 124 Misc.2d 1055, 1058). As the defendants failed to raise the existence of any bona fide issues of fact to warrant a denial of summary judgment on the issue of liability, the court properly granted the plaintiff's motion. Ritter, J.P., Copertino, Friedmann and Florio, JJ., concur.


Summaries of

H.W.R. Fashions, Inc. v. Gasoline Installers

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 901 (N.Y. App. Div. 1994)
Case details for

H.W.R. Fashions, Inc. v. Gasoline Installers

Case Details

Full title:H.W.R. FASHIONS, INC., Respondent, v. GASOLINE INSTALLERS, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 1994

Citations

208 A.D.2d 901 (N.Y. App. Div. 1994)
618 N.Y.S.2d 569